scholarly journals Organized cybercrime in Ukraine: problems of formation of official statistics and its analysis

2021 ◽  
pp. 193-201
Author(s):  
O. TARAN ◽  
V. GAVLOVSKY
Keyword(s):  
Criminal Organization ◽  
Criminal Code ◽  
The State ◽  
Official Statistics ◽  
Criminal Offenses ◽  
Judicial Administration ◽  
Illegal Acts ◽  
Definition Of ◽  
National Police ◽  
First Time

The article analyzes the types, forms and content of statistical reporting that reflects the state and structure of cybercrime in Ukraine. Ways to interpret statistical information and to use its capabilities in preventing and combating cybercrime are identified. The shortcomings of the structure of official statistical data, namely unsystematic character, inconsistency and incoherence of their formation, are generalized and revealed. It is noted that the national and international legislation lacks a generally accepted definition of cybercrime so far, and therefore a single approach to defining the grounds for classifying illegal acts as such crimes. The reports were developed without considering further analysis of cybercrime. And while the report of the National Police of Ukraine contains data on a number of criminal offenses that can be attributed to cybercrime, the official statistical reports prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, except for Chapter XVI of the Criminal Code, are missing the mentioned data. Therefore, official statistics, which fully and accurately reflect the state and structure of cybercrime cannot be introduced today. It is possible to analyze only the dynamics of this type of crime, the structure of crime on the basis of recorded crimes. The number of criminal offenses under the articles of chap. XVI of the Criminal Code of Ukraine, is growing unevenly, and this growth in the last 4 years is insignificant. The share of these criminal offenses is growing more dynamically. But their share of the total crime rate in Ukraine today is insignificant and is less than one percent - in 2020 0.69. In the first quarter of 2021, employees of cyber police units of the National Police of Ukraine, for the first time detected 4 criminal offenses under Art. 255 of the Criminal Code of Ukraine (“Creation of a criminal organization”). During 2013 –2010, 112 persons were found to have committed criminal offenses of this category as part of a group, 16 of them as part of an organized group. Also during this period, 171 persons who committed criminal offenses in the group in previous years were identified, including 68 in the organized group. The number of convicted persons who committed criminal offenses in the group during this period is 64, 9 of them committed crimes in an organized group.

scholarly journals Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 289-293
Author(s):  
Inna Sichkovska
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
National Police ◽  
Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

Criminal offenses of terrorist direction in criminal legislation of foreign countries

2021 ◽  
pp. 181-188
Author(s):  
Serhii Repetskyi
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Educational Process ◽  
Practical Significance ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
Special Part ◽  
Illegal Acts ◽  
Definition Of ◽  
Criminal Legislation

Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".

scholarly journals Special Features of the Crime’s Subject Under the Article 330 of the Criminal Code of Ukraine

2019 ◽  
Vol 72 (1) ◽  
pp. 53-57
Author(s):  
V. Yu. Boichuk
Keyword(s):  
National Guard ◽  
Armed Forces ◽  
Criminal Code ◽  
The State ◽  
Legal Literature ◽  
Narrow Concept ◽  
Definition Of ◽  
Council Of Ministers ◽  
State Defense ◽  
National Police

On the basis of the analysis of criminal and legal literature, certain provisions of the Criminal Code of Ukraine and court practice of their application, the author has determined that the description of special features of the crime’s subject through the construction of “in connection with the performance of official duties” used by the legislator in the disposition of the Art. 330 of the Criminal Code of Ukraine indicates the identity of the subject to the category of officials. At the same time, taking into account the dualism of criminal and legal approaches to the definition of the term of “an official” in the descriptions of a victim and the crime’s subject, the author has emphasized on the application of the more narrow concept laid down in Part 3 of the Art. 18 of the Criminal Code of Ukraine and the Resolution of the Plenum of the Supreme Court of Ukraine dated from April 26, 2002 No. 5 “On judicial practice in cases of bribery”. As a result, the author has come to the conclusion that a special subject of the crime under the Art. 330 of the Criminal Code of Ukraine may be officers of the departments of the National Police of Ukraine, the State Investigation Bureau, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the State Border Guard Service of Ukraine, the Office of State Security, the State Fiscal Service of Ukraine, the State Penal Service of Ukraine, the Ministry of Defense of Ukraine, the President of Ukraine, officials of the President’s Administration of Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, National Security and Defense Council of Ukraine, Supreme High Command General Headquarters of Ukraine, the Ministry of Defense of Ukraine, the General Staff of Armed Forces of Ukraine, the unions, military units and units of the Armed Forces of Ukraine, the State Special Transport Service, the State Service for Special Communications and Information Protection of Ukraine, the National Guard of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, regional, district, city and district in the cities, state administrations and local self-government agencies, as well as officials of enterprises, institutions and organizations that carry out state defense orders, conduct research and perform development in the defense area, etc.

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

scholarly journals ANALYSIS OF THE CURRENT STATE OF SCIENTIFIC RESEARCH PROBLEMS OF OPERATIONAL AND EXPLORATORY DOCUMENTATION

2020 ◽  
pp. 408-416
Author(s):  
А. А. Саковський
Keyword(s):  
The State ◽  
Theory And Practice ◽  
Scientific Development ◽  
Modern Theory ◽  
Technical Documentation ◽  
Criminal Proceedings ◽  
Current State ◽  
Criminal Offenses ◽  
Research Problems ◽  
National Police

The relevance of the article is that the Constitution of Ukraine stipulates that a person, his life and health, honor and dignity, inviolability and security are recognized in our state as the highest social value. The activity of law enforcement bodies and judicial authorities in the state is aimed at ensuring the implementation of this provision of the Basic Law of Ukraine. Protection of the rights and legitimate interests of individuals and legal entities is one of the tasks of criminal proceedings which is achieved through the implementation of others - by prompt and full disclosure of crimes, exposing the perpetrators and ensuring the proper application of the Law. The purpose of the article is to determine the current state of scientific developments of operational and investigative documentation in the process of combating crime by units of the National Police of Ukraine. The state of scientific development of problems of operative-search documentation by generalization and systematization of results of monographic works of domestic and foreign scientists, and also scientific researches on the researched subjects, stated in manuals, methodical recommendations, lectures and scientific articles of different historical periods is analyzed. For in-depth study of these issues, the chronological principle of presentation of the material was chosen, which provides an opportunity to highlight the defining ideas and views of the formation of modern operational and investigative documentation. It was found that today, in the legal literature and practice, along with the term "operational documentation" has become widespread concept of "operational and technical documentation" of criminal offenses, as these terms are used not only in forensic, operational and investigative, but also other aspects , where they have different meanings, although identical in meaning, which is the need to ensure compliance of the process of operational and technical documentation of criminal offenses with the requirements of applicable regulations governing the admissibility, procedure and conditions of its implementation. It is stated that the study indicates the need and relevance for modern theory and practice of ORD conducting at the monographic level of a comprehensive study of theoretical, legal and organizational and tactical principles of operational and investigative documentation in the fight against crime by the National Police of Ukraine.

scholarly journals ISSUES AND PROSPECTS FOR IMPROVEMENT IN SIMPLIFYING THE PRE-TRIAL INVESTIGATION

2021 ◽  
Vol 75 (2) ◽  
pp. 132-139
Author(s):  
Andriy Vorobey ◽  
Keyword(s):  
Legal Status ◽  
Full Range ◽  
Practical Importance ◽  
Criminal Procedure ◽  
Negative Consequences ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Moment ◽  
Definition Of ◽  
National Police

The article deals with the problematic issues of pre-trial investigation of criminal offenses, under investigation by the units of the National Police of Ukraine, have not been studied in the scientific literature. The author of the article points out the problems of the legal status of a head of an inquest body, the author's definition of this term is given and proposed changes to the current criminal procedural legislation, which should eliminate legal gaps. Considered the inconsistencies of the current criminal procedural legislation in terms of regulating the order of attachment for seizure of the property during the pre-trial investigation of criminal offenses. Analyzed judicial practice on this issue and proposed changes to legislation according to the needs of practice. The drawbacks are noted in establishing the terms of pre-trial investigation of criminal offenses, which are caused by the need to conduct psychiatric and other forensic examinations, it is proposed to provide in the Criminal Procedure Code of Ukraine for an inquiry period of 2 months from the moment a person is informed of suspicion. The author's specified legal inconsistencies in the issue of regulating the conduct of a search during an inquiry, it is indicated that there is a need to standardize Articles 234–236 of the Criminal Procedure Code. Due to fact that the activities of the inquest bodies of the National Police of Ukraine are noticeably inefficient, it is proposed to introduce a shortened inquiry procedure in order to implement the principle of economy in the criminal process and saving resources used during the pre-trial investigation.The current procedural form of criminal investigation in Ukraine provides for the need to conduct a full range of investigative and procedural actions in a short time, even for obvious criminal offenses, when the suspect unequivocally pleads guilty and compensates for the damage, which has negative consequences. The introduction of an abbreviated procedure for inquiry is possible only for a clearly defined range of criminal offenses, the legislation must approve guarantees to ensure the rights of suspects from law enforcement abuses and the criteria under which an abbreviated form of inquiry is impossible. The study of the possibility of implementing an abbreviated order of inquiry is of practical importance and is an important area for further study.

Tindak Pidana Korupsi Proyek Pusat Pendidikan Pelatihan dan Sekolah Olahraga Nasional di Kementrian Pemuda dan Olahraga ( Studi Putusan Nomor 2427K/Pid.Sus/2014 )

2021 ◽  
Vol 1 (2) ◽  
pp. 80-102
Author(s):  
Entol Suparmin ◽  
Amsori Amsori
Keyword(s):  
Criminal Code ◽  
The State ◽  
Legal Basis ◽  
Criminal Sanctions ◽  
National Police

Corruption, eradicating criminal acts of corruption, Decision No. 2427K / Pid.Sus / 2014, formulation: Is the imposition of criminal sanctions on corruption in the Ministry of Youth and Sports projects the same as the imposition of criminal acts of corruption in general, What is the basis for legal considerations for judges in imposing corruption crimes with Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption, the normative method is carried out on theoretical matters. Knowing whether the imposition of criminal sanctions on corruption is the same as the imposition of criminal acts of corruption in general. know what is the basis for legal considerations for judges in imposing crimes on perpetrators of Corruption Crime, the legal basis for adjudicating cases. The conclusion of the Judge's consideration, the imposition of additional criminal sanctions to compensate the state losses imposed on the defendant was imprisoned for 4 years and a fine, Article 2 paragraph (1) in conjunction with Article 18 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption in conjunction with Article 55 paragraph (1) 1 in conjunction with Article 65 paragraph (1) of the Criminal Code. Suggestions need evaluation In handling corruption crimes by implementing a synergy pattern between Indonesian National Police Investigators, Public Prosecutors , Prosecutor's Office, Corruption Eradication Commission.

PENALTIES PROVIDED FOR SERIOUS CRIMES IN THE CRIMINAL CODE OF UKRAINE

2018 ◽  
Author(s):  
Oleksandra Skok ◽  
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
Special Part ◽  
The Right ◽  
National Police

The statistics of the Prosecutor General's Office on registered criminal offenses in the form of serious crimes for 2020 and 2021 were reviewed. Based on this, the number of serious crimes registered by the National Police of Ukraine during the reporting periods was determined. The provisions of the current Criminal Code of Ukraine, the Criminal-Executive Code of Ukraine, the Resolution of the Plenum of the Supreme Court No 7 of October 24, 2003 are analyzed, as well as some scientific positions of domestic scientists Knyzhenko O. O are taken into account. and Berezhnyuk V. M In addition, a review of the case law of the Supreme Court of Cassation on sentencing was studied. A thorough criminal-legal analysis of the sanctions of the articles of the Special Part of the Criminal Code of Ukraine in the part of punishments established for the category of serious crimes was carried out. Based on the analysis, it was determined which main and additional punishments are regulated in the sanctions of the articles of the Special Part of the Criminal Code of Ukraine for the investigated category of crimes. The quantitative and qualitative indicator of sanctions for serious crimes has been determined, which include: imprisonment for a definite term; punishments alternative to imprisonment; additional penalties. Legislative and doctrinal provisions on punishments in the form of imprisonment for a definite term, restriction of liberty, fine, correctional labor, arrest are considered. The judicial practice of Ukraine in the part of certain issues related to the execution of a penalty in the form of a fine and the replacement of a penalty in the form of a fine with a penalty in the form of correctional labor is analyzed. It is established that the Criminal Code of Ukraine, in the sanctions of the articles, provides for the application to a person who has committed a serious crime, punishment in the form of imprisonment, restriction of liberty, fine, correctional labor, arrest - as the main punishment. The range of additional punishments is defined, which determine: confiscation of property, deprivation of the right to hold certain positions or engage in certain activities and a fine.

DEVELOPMENT OF UKRAINIAN CRIMINAL LEGISLATION ON RESPONSIBILITY FOR TERRORISM

2017 ◽  
Author(s):  
Anastasiia Bedrata ◽  
◽  
Alina Nikolyuk ◽  
Keyword(s):  
Rapid Development ◽  
National Level ◽  
Global Scale ◽  
Criminal Code ◽  
The State ◽  
Political Position ◽  
National Minorities ◽  
Preventive Actions ◽  
Criminal Offenses ◽  
Criminal Legislation

The article examines the historical development and the process of formation of criminal legislation of Ukraine, the commission of criminal offenses in the field of terrorism. A comparative analysis of the criminal codes of 1927 1960 and 2001 was carried out in terms of articles that establish responsibility for a terrorist act. The question of differentiation of terrorist crimes from other similar ones is considered. These issues are becoming increasingly important in connection with the escalation of tensions both at the national level and in the international arena, in particular: due to the growth of radical adherents of religion, opponents of the current government in different countries, individuals of traditional views. refuse to accept the liberalization and empowerment of national minorities. However, despite the rapid development of the popularity of this issue on a global scale, special attention in this article should be focused on the development of national regulations on the issue of defining the concept of terrorism. Outline the preventive actions that the state of Ukraine can take to prevent the spread of these crimes. The urgency of this issue in Ukraine is due to various factors, and in particular: the unstable economic situation in the country, which depresses citizens, trampling them on a criminal path for easy profit; It is also worth noting the unstable political situation in the state, which leads to the emergence of opposition-minded citizens who are unable to be heard peacefully. At rallies and protests are forced to resort to more radical manifestations of their political position. As a result of the research conducted in the article, it was established how the national criminal legislation developed in terms of terrorist crimes, analyzed the content, established what disadvantages and advantages can be found in the criminal codes of 1927 1960 and 2001, proposed options for improving the legislation, as well as Proposals for Changing the Hierarchy of Values during the development of the new Criminal Code, the draft of which has already been developed on its own initiative. Groups of lawyers and scholars in the field of law.

Features of Linguistic Terminology Regarding Counterfeiters in the Russian and Austro-Hungarian Empires in the XIX – early XX centuries

2020 ◽  
pp. 55-63
Author(s):  
Andrii Boiko-Gagarin
Keyword(s):  
Law Enforcement ◽  
Credit Cards ◽  
Russian Empire ◽  
The State ◽  
Criminal Cases ◽  
Paper Money ◽  
Historical Archives ◽  
The Russian Empire ◽  
Definition Of ◽  
First Time

The article analyzes the main terms used by law enforcement investigators and editors of the old newspapers regarding to counterfeiters, the forged money, and the process of selling them. Evidence of lexis in relation to counterfeiting has been traced from the criminal cases stored in the state historical archives of Ukraine and Poland, as well as in newspapers periodicals of Ukrainian cities. Most of the sources used in the study are published for the first time. The counterfeiters in Russian empire were called «manufacturer», «counterfeiter», but in Austro-Hungarian – the «counterfeiter» and «deceiver». The process of falsification in the newspapers of Galicia was defined in relation to money, as «made», «fabricated», in the Russian Empire – «cooked», «fabricated» and others. Most often, the definition of a counterfeiter’s personality was referred to as «counterfeiter», «coin counterfeiter», «counterfeiter». The place of counterfeiting was positioned as a «mint», often with the note «secret» or «illegal». In most newspaper publications, organized gangs of counterfeiters were described as а «gang banditti». Linguistic tautology «counterfeiting of counterfeit coins» is oftenly applied to counterfeit manufacturers. In terms of paper money, the definition «paper» and «picture» were used. The Galician press often called the trial of counterfeiters a «massacre». In 1915 in Chernihiv the credit notes signed by cashier S. Brut because of misinformation about their fraud, the population became wary of exchanging such a money, calling it «Brut’s rubles». For flat metal engraved cliches to print counterfeit assignments and credit cards the term «boards» was used, and coin counterfeiting tools are referred to as «counterfeiting machines» or «weapon tools».

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